(a) Special Statutory Proceedings. Special statutory proceedings,
whether or not listed in
Table A, are exceptedexcluded from these rules
insofar asto the extent they are inconsistent
or in conflict with the procedure and practice provided by these rules.

(b) Appeals to District Courts. These rules do not supersede the
statutory provisions of
statutes relating to appeals to or review by the district courts, but
shallmust govern
procedure and practice relating thereto insofar asto the extent
these rules are not inconsistentin conflict with suchthe statutes.

(c) Rules Incorporated Into Statutes. Where
anyIf a statute heretofore or hereafter enacted,
whether or not listed in Table A, provides that any act in a civil proceeding shall be done in
the manner provided by law or as in a civil action, suchthe act
shallmust be done in
accordance withaccording to these rules.

EXPLANATORY NOTE

Rule 81 was amended, effective March 1, 1990; March 1,
2011.

Rule 81 serves the same purpose as RuleFed.R.Civ.P. 81, FRCivP, but deviates completely
as to content and construction.

Subdivision (a) and Table A were both amended, effective March 1,
1990, to clarify that
the rule is not limited to special kinds of statutory procedures but rather that it is limited to
special statutory proceedings. The word change from procedures to proceedings also cleared
up conflicting language in Rule 81(a) in that the term proceedings appears in the headnote
but not in the text of the rule.

The North Dakota Supreme Court has held that these rules govern
procedures on appeal to
district court from a decision of an administrative agency except where applicable statutes
are inconsistent with the rules. SeeReliance Insurance Company v. Public Service
Commission, 250 N.W.2d 918 (N.D. 1977) and Schroeder v. Burleigh County Board of
Commissioners, 252 N.W.2d 893 (N.D. 1977).

Rule 81 was amended, effective
March 1, 2011, in response to the December 1, 2007,
revision of the Federal Rules of Civil Procedure. The language and organization of the rule
were changed to make the rule more easily understood and to make style and terminology
consistent throughout the rules.